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felf, cannot take the oath of allegiance; or, if he could, the oath of abjuration follows, which contains an exprefs renunciation of all opinions in favour of the claim of the exiled family.

2 The oath excludes all defign, at the time, of attempting to depofe the reigning prince, for any reason whatever. Let the juftice of the Revolution be what it would, no honeft man could have taken even the prefent oath of allegiance to James the Second, who entertained at the time of taking it a defign of joining in the measures which were entered into to dethrone him.

3. The oath forbids the taking up of arms against the reigning prince, with views of private advancement, or from motives of perfonal refentment or diflike. It is poffible to happen in this, what frequently happens in defpotic governments, that an ambitious general, at the head of the military force of the nation, might by a conjuncture of fortunate circumstances, and a great afcendency over the minds of the foldiery, depofe the prince upon the throne, and make way to it for himfelf, or for fome creature of his own. A perfon in this fituation would be withheld from fuch an attempt by the oath of allegiance, if he paid regard to it. If there were any who engaged in the rebellion of the year forty-five, with the expectation of titles, eftates, or preferment; or because they were dif appointed, and thought themselves neglected and ill used at court; or because they entertained a family animofity, or perfonal refentment against the king, the favourite, or the minifter; if any were induced to take up arms by thefe motives, they added to the many crimes of an unprovoked rebellion, that of wilful and corrupt perjury. If the fame motives determined others lately to connect themselves with the American oppofition; their part in it was chargeable with perfidy and falfehood to their oath, whatever was the juftice of the oppo

fition itself, or however well founded their own complaints might be of private injury.

We are next to confider what the oath of allegi ance permits, or does not require.

1. It permits refiftance to the king, when his ill behaviour, or imbecility is fuch, as to make refiftance beneficial to the community. It may fairly be prefumed, that the convention Parliament, which introduced the oath in its prefent form, did not intend, by impofing it, to exclude all refiftance; frice the members of that legislature had many of them recently taken up arms against James the Second ; and the very authority by which they fat together, was itfelf the effect of a fuccessful oppofition to an acknowledged fovereign. Some refiftance, therefore, was meant to be allowed, and if any, it must be that which has the public intereft for its object.

2. The oath does not require obedience to fuch commands of the king, as are unauthorized by law. No fuch obedience is implied by the terms of the oath the fidelity there promifed, is intended of fi delity in oppofition to his enemies, and not in oppofition to law; and allegiance, at the utmoft, fignifies only obedience to lawful commands. Therefore, if the king fhould iffue a proclamation, levying mo ney, or impofing any fervice or reftraint upon the fubject, beyond what the crown is impowered by law to enjoin, there would exist no fort of obligation to obey fuch a proclamation, in confequence of hav ing taken the oath of allegiance.

3. The oath does not require that we should continue our allegiance to the king, after he is actually and abfolutely d pofed, driven into exile, carried away captive, or otherwife rendered incapable of exercifing the regal oflice, whether by his fault or without it. The promife of allegiance implies, and is understood by all parties to fuppofe, that the perfun to whom the promife is made continues king; continues, that is, to exercife the power, and afford

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the protection, which belongs to the office of king: for it is the poffeffion of this power, which makes fuch a particular perfon the object of the oath; without it, why fhould I fwear allegiance to this man, rather than to any other man in the kingdom? Befides, the contrary doctrine is burthened with this confequence, that every conqueft, revolution of government, or difafter which befalls the perfon of the prince, must be followed by perpetual and irremediable anarchy.

CHAP.

СНАР. XIX.

OATH AGAINST BRIBERY IN THE ELECTION OF

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DO fwear, I have not received, or had, by myfelf, or any perfon whatsoever, in truft for me, or for my ufe and benefit, directly, or indi"rectly, any fum or fums of money, office, place, "or employment, gift, or reward, or any promife or fecurity, for any money, office, employinent, or gift, in order to give my vote at this election.' The feveral contrivances to evade this oath, such as the electors accepting money under colour of borrowing, and giving a promiffory note, or other fecurity for it, which is cancelled after the election; receiving money from a ftranger, or a perfon in difguife, or out of a drawer, or purfe, left open for the purpofe; or promifes of money, to be paid after the election; or ftipulating for a place, living, or other private advantage of any kind; if they efcape the legal penalties of perjury, incur the moral guilt: for they are manifeftly within the mifchief and defign of the ftatute which imposes the oath, and within the terms indeed of the oath itself; for the word "indirectly" is inferted on purpose to comprehend fuch cafes as these,

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CHAP.

CHA P. XX.

FR

ОАТН AGAINST

SIMONY.

ROM an imaginary resemblance between the purchase of a benefice and Simon Magus's attempt to purchase the gift of the Holy Ghoft, Acts viii. 19, the obtaining of a prefentation by pecuniary confiderations has been called Simony.

The fale of advowfons is infeparable from the right of private patronage; as patronage would otherwife devolve to the most indigent, and for that reafon, the most improper hands it could be placed in. Nor did the law ever intend to prohibit the paffing of advowfons from one patron to another; but to restrain the patron, who poffeffes the right of presenting at the vacancy, from being influenced, in the choice of his prefentee, by a bribe, or benefit to himself. It is the fame diftinction with that which obtains in a freeholder's vote for his reprefentative in parliament. The right of voting, that is the freehold, to which the right pertains, may be bought and fold, as freely as any other property; but the exercife of that right, the vote itself, may not be purchased, or influenced by money.

For this purpose, the law impofes upon the prefentee, who is generally concerned in the fimony, if there be any, the following oath: "I do fwear, that "I have made no fimoniacal payment, contract, or "promife, directly or indirectly, by myself, or by 66 any other to my knowledge, or with my confent, to any person or perfons whatsoever, for or concerning the procuring and obtaining of this eccle"fiaftical place, &c. nor will, at any time hereafter, perform, or fatisfy, any fuch kind of payment, "contract, or promise, made by any other without

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